beta
Text
Defendant shall be punished by a fine of KRW 300,000.
Defendant
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
On October 1, 2017, the Defendant damaged KRW 50,000 of the repair cost by walking with the above fence of about 4 meters in length, on the ground that the fence owned by the victim C (53 Does) installed at the scene in Ansan-si B could not pass from around 11:30 on October 1, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Each legal statement of the witness C and D;
1. On-site photographs;
1. Current status photographs (the following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the Defendant was scattered in the ditch and sewage hole, and road breaking the fence in four pages where the fence of this case was installed, ② the network part was a situation in which the fence was not installed, ② the Defendant was unable to be loaded in the fence, ③ the Defendant was unable to inflict an injury for the purpose of a grave.
In full view of the fact that the damaged part is considerably wide, and (4) the Defendant was guilty of damage to the Defendant, taking into account the fact that, after seeking a prior understanding from the victim, only the fenced part of the minimum part that can pass for the sake of sexual seedlings, or the victim could pass through the graveyard through the entrance installed on the fence of the instant case.
It is reasonable to see that the act such as the defendant's decision does not violate social norms.
It is difficult to see it, and the defendant and his defense counsel who denies it shall not be accepted.
Application of Statutes
1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;